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- MN AUTO COVERAGE: NON-EXISTENT POLICY EXCLUSIONS, CONFORMITY CLAUSES & THE NO-FAULT ACT
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This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not reflect those of the author’s law firm or the author’s past and present clients. By reading it, no attorney-client relationship is formed. The law is constantly changing and is different in each jurisdiction. If you want legal advice, please consult an attorney. The opinions expressed here belong only to the individual contributor(s). Gregory J. Johnson © All rights reserved 2015.Top Posts & Pages
- Loss of Use: Is the At-Fault Driver's Insurer Required to Provide a "Comparable" Rental Vehicle?
- Minnesota First-Party Coverages: Recovering Consequential Damages in Addition to the Policy Benefits when the Insurer Declines or Unreasonably Delays Payment.
- CGL Coverage: Latent Defects and Continuous, Progressive or Recurring Damages (Allocation of Liability)
- Dealership Arranged Leases: Is the Lessor Liable for the Lessee’s Negligent Operation of the Vehicle?
- Protecting the Dealership's "Front-End" and "Back-End": What Does that Mean?
- MN AUTO COVERAGE: NON-EXISTENT POLICY EXCLUSIONS, CONFORMITY CLAUSES & THE NO-FAULT ACT
- Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
- The Graves Amendment: Is an Auto Dealer Vicariously Liable for a Customer’s Negligent Operation of a Loaner Vehicle?
- The Liability Insurer’s “Hidden” Duty to Defend-- the Obligation to Pay for its Insured’s Affirmative Claims.
- Minnesota Contractual Risk Transfer Materials (1/2009)
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Category Archives: Coverage
Jury Awards Plaintiff $326,000 for Emotional Distress Resulting From Bad-Faith Denial of Claim
A Los Angeles County jury recently awarded a plaintiff a large judgment for a bad faith denial of insurance benefits and emotional distress claim following the insurance company’s failure to provide benefits under its policy. In White v. GEICO Indemnity…
Posted in Bad Faith, Coverage
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Known Injury or Damage Exclusion not Applicable in Case of Continuing and Progressive Water Infiltration Resulting from Defective Construction
I recently posted an article, CGL Coverage: “Known Injuries or Damages” in Minnesota and Beyond”, addressing the “Known Injury or Damage” provision in CGL policies. In August 2014, the Connecticut Supreme Court addressed the provision in the context of a … Continue reading
Auto Dealer Coverage: No Coverage for Violation of FTC Used Car Buyer’s Guide Regulation
By Greg Johnson. In 2013, Insurance Services Office (“ISO”) rolled out its new Auto Dealers Coverage Form (CA 00 25) (“ADCF” policy) The ADCF policy replaces the Garage Liability (“GL”) policy which had been available for decades. One of the … Continue reading
The Graves Amendment: Is an Auto Dealer Vicariously Liable for a Customer’s Negligent Operation of a Loaner Vehicle?
By Greg Johnson. Does the Graves Amendment apply to auto dealerships who provide loaner vehicles to their customers? In a previous post, I provided an overview of the Transportation Equity Act of 2005 (49 USC § 30106) (a/k/a “Graves Amendment”), … Continue reading
Posted in ADCF Policy, Auto Dealer, BAP, Coverage, Duty to Indemnify, PAP, Rentals
Tagged Graves Amendment, Motor vehicle, Vicarious liability
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Leasing, Rentals and Vicarious Liability: An Overview of the Graves Amendment
By Greg Johnson. Over the past twenty five years, I’ve represented many companies engaged in the business of leasing or renting vehicles. In the 1990’s, prior to the passage of the Transportation Equity Act (49 USC § 30106) (a/k/a “Graves … Continue reading
Posted in ADCF Policy, Auto Dealer, BAP, Coverage, PAP, Rentals
Tagged Graves Amendment, Motor vehicle, Vicarious liability
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The Comprehensive Guide to the 2013 Auto Dealer’s Coverage Form: “Acts, Errors or Omissions” Coverage for Violations of Federal and State Consumer Protection Statutes Affecting the Auto Dealer’s F&I Department Operations.
By Greg Johnson. In 2013, Insurance Services Office (“ISO”) rolled out its new Auto Dealers Coverage Form (CA 00 25) (“ADCF” policy) The ADCF policy replaces the Garage Liability (“GL”) policy which had been available for decades and retains the … Continue reading
Posted in ADCF Policy, Auto Dealer, Coverage, Miscellaneous
Tagged Acts Errors and Omissions Coverage, Auto Dealers Coverage, Auto Dealers Operations, Consumer Protection Statutes, Equal Credit Opportunity Act, Fair Credit Reporting Act, Federal Odometer Act, Magnusson Moss Warranty Act, Regulation M, Regulation Z, Retail installment sales act, Truth in Leasing, Truth in Lending
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Insured’s Investigation and Overhead Expenses Not Covered by Policy
Every once in awhile a policyholder asks whether the costs it incurred in addressing a third-party property damage claim, such as inspection costs, personnel costs, overhead costs and attorneys’ fees are covered by its Commercial General Liability (“CGL”) policy. Unless the costs qualify … Continue reading
Auto Claims & Self Insured Retentions (“SIR”): Does the SIR Constitute “Insurance” ?
By Greg Johnson. The determination of whether a self-insured retention (SIR) constitutes “insurance” within the meaning of an “other insurance” clause of another policy generally depends on the particular circumstances presented. See, e.g., Champlain Cas. Co. v. Agency Rent-A-Car, Inc., … Continue reading
Posted in ADCF Policy, BAP, CGL, Coverage, PAP
Tagged Auto Insurance, Gregory J. Johnson, Insurance Law, Rental Car, Self Insured Retention, Vehicle insurance
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Insurance: Economic & Intangible Losses (Lost Profits, Idle Time, Increased Overhead, Liquidated Damages, Diminution in Value & Suppressed Rentals, Etc.
Faulty workmanship can produce several different types of injuries in addition to the typical claim involving physical injury to other property. Faulty or defective work can cause, and contractors may be confronted with claims alleging, numerous types of economic and … Continue reading
Commercial Auto: Owner of Semi-Trailer not Vicariously Liable for Negligent Operation of Semi-Truck.
What definition of “motor vehicle” applies when determining whether the Minnesota motor vehicle vicarious liability law applies? The Minnesota Court of Appeals addressed the issue in late 2009. By 2005, only eleven states imposed vicarious liability on the owner of … Continue reading
Posted in BAP, Coverage
Tagged Graves Amendment, Gregory J. Johnson, Insurance Law, Motor vehicle, Semi-Trailer, Vicarious liability
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